Patna High Court
Dilip Giri @ Dilip Kumar GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that, given the lack of conscious possession and the claim of lawful purchase, anticipatory bail may be granted subject to the statutory conditions.
Summary
The petitioners, Dilip Giri and Suresh Giri, were implicated in a case alleging theft of 20 litres of diesel from a standing truck, alleged under Sections 317(5), 303(2) and 3(5) of the B.N.S. They contended that the diesel was purchased for agricultural purposes and that it was recovered near the shop of a third party, Bullet Giri, who was not made an accused. The petitioners argued that there was no conscious possession of the diesel by them and that they have no prior criminal record. The State opposed the anticipatory bail application. Considering the lack of evidence of possession, the purchase claim, and the petitioners' clean record, the Court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted in the absence of conscious possession of the alleged stolen diesel
- Whether the material on record discloses a prima facie case under Sections 317(5), 303(2) and 3(5) of the B.N.S.
- Whether the conditions imposed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. are appropriate
Legislation cited
- B.N.S. — s. 303(2), 317(5), 3(5)
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- diesel theft
- possession
- Section 317
- Section 303
- Section 3
- Bihar
- Cr.P.C. 438
- B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3455 of 2026
Arising Out of PS. Case No.-255 Year-2025 Thana- DUMARIAGHAT District- East
Champaran
======================================================
1. Dilip Giri @ Dilip Kumar Giri Son of Suresh Giri Resident of Village -
Rampur Khajuriya, P.S. - Dumariyaghat, District - East Champaran.
2. Suresh Giri Son of Bhirgun Giri Resident of Village - Rampur Khajuriya,
P.S. - Dumariyaghat, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhurendra Kumar
For the Opposite Party/s : Mr. Murli Dhar
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a
case registered for the offence punishable under Sections
317(5), 303(2), 3(5) of B.N.S.
3. The allegation upon the petitioner is that of stealing
20 liters of diesel from a standing truck.
4. Learned counsel for the petitioners submits that the
petitioners were not apprehended from the spot and the diesel
was recovered near the shop of one Bullet Giri who was not
made an accused and moreover, the diesel was in fact purchased
by the petitioners for agricultural purposes.
5. The application for anticipatory bail is opposed by
Patna High Court CR. MISC. No.3455 of 2026(2) dt.28-01-2026
2/2
the learned APP for the State.
6. Taking into consideration the facts and
circumstances and also considering the fact that there is no
recovery from the conscious possession of the petitioners and
moreover the diesel had been purchased by the petitioners for
agricultural purposes and not stolen, let the above named
petitioners, who have no criminal antecedent, in the event of
their arrest or surrender before the learned Court below within a
period of four weeks from today, be enlarged on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned court below where the case is pending/successor
court in connection with Dumariyaghat P.S. Case No. 255 of
2025, subject to the condition as laid down under Section 438
(2) of the Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
devendra/-
U T
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